2011 (5) TMI 796

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....f the product was declared at US $ 370/- per MT. The Customs authorities on examination, found that the goods were old and used ship chains made of mild steel. Accordingly they revised classification under CTH 7315.20 as "ship chains" and also enhanced the value for assessment purposes from US $ 370 to US $ 480 per MT. Accordingly, the assessing officer confiscated the goods and gave an option to redeem the same on payment of fine of Rs. 10 lakhs and also imposed a penalty of Rs. 4 lakhs on the appellants and confirmed differential a duty demand of Rs. 6,97,116/- on account of re-classification of CTH 7315.20 and also on account of assessment of the goods US $ 480 per MT. The appellant filed an appeal before the Commissioner (Appeals), who ....

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....coming under the category of waste and scrap and the appellant has not discharged this onus placed on them, while classifying the product as waste and scrap under CTH 7204. (iii) CTH 7315 specifically covers ship chains and in the said entry there is no mention that it should always be new. Therefore, the product would merit classification under CTH 7315. 5. From the records, it is seen that there is no dispute about the fact that the product under importation is old and used ship chains. All the documents relating to importation clearly evidence this fact. The goods have been inspected prior to shipment by World Wide Logistic, Survey and Inspection (WLSI) Group and Affiliates, which is one of the approved inspection agencie....